Table of Contents

Section Title Pages

C-100 Invitation to Bid 1 - 2

C-200 Instructions to Bidders 3 - 13

C-410 Suggested Bid Form 14 - 19

C-430 Bid Bond Penal Sum Form 20 - 21

C-510 Notice of Award 22 - 22

C-520 Suggested Form of Agreement – Stipulated Price 23 - 29

C-550 Notice to Proceed 30 - 30

C-610 Performance Bond 31 - 33

C-615 Payment Bond 34 - 36

C-620 Contractors Application for Payment 37 - 43

C-625 Certificate of Substantial Completion 44 - 45

C-700 Standard General Conditions 46 - 120

C-800 Supplementary Conditions 121 - 138

C-940 Work Change Directive 139 - 139

C-941 Change Order 140 - 140

Exhibit-A Project Schedule 141

SECTION C-100

INVITATION TO BID

1. PROJECT

Town of Stanley SWAP Sewer Project – Pond Ave

2. DESCRIPTION OF WORK

This project involves complete abandonment of the existing residential septic system located at 314 Pond Ave and installing new sewer grinder pump station, new sewer force main, house lateral connection, and tying into the existing sewer system.

3. DOCUMENTS

Bid documents are available in pdf form, contact Racey Engineering for document link.

4. PRE-BID CONFERENCE

There will be a pre-bid conference on September 2, 2026, 10 am. Meet at the end of Chapel

Village Road.

5. QUESTIONS

All questions must be in writing and submitted to tcave@raceyengineering.com. Questions by phone must be followed up by e-mail for recordation. All responses to inquiries will be in writing and will be posted as addenda and e-mailed to bidders. It is the responsibility of all Bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their bid submission.

6. BID SECURITY

A 5% bid security of the bidder’s total base bid is required.

7. BIDS DUE

Bids shall be received by the Town of Stanley at their office, 278 East Main Street, Stanley, VA

22851 no later than September 23, 2026 at 3:00 PM local time. Any bids received after this date and time will not be accepted. All bids must be in an opaque, sealed envelope or box and clearly marked: “Sealed Bid: Town of Stanley SWAP Sewer Project – Pond Ave Project ITB 2026-002”.

Bids shall clearly indicate the legal name, address, and telephone number of the bidder (company, firm, partnership, or individual). All expenses for making the bid to the Town of Stanley shall be borne by the bidder. Bidders shall provide one (1) paper copy of the bid documents. Bid documents shall be mailed or hand-delivered; faxed or emailed bids will not be accepted. The

Town of Stanley or Racey Engineering, PLLC is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. The bidder has the sole responsibility to have the bid received by the Town of Stanley at the above address and by the above stated time and date.

mailto:tcave@raceyengineering.com

8. BID OPENING

Bids will be opened and read publicly at the office of the Town of Stanley, 278 East Main Street, Stanley, VA 22851 on the same day, September 23, 2026 after 3:00 pm local time. The names of bidders will be announced along with the bid amount.

9. OWNER

Brenda Winter – 314 Pond Ave

10. CONTRACT ADMINISTRATOR

CONTRACT ADMINISTRATOR

Terry Pettit – Town Manager

Town of Stanley

278 East Main Street

Stanley, VA 22851

Ph: 540-860-8225

Email: tpettit@townofstanley.com

PROJECT MANAGER

Gary L. Shirley - Engineer

Racey Engineering, PLLC

312 West Main Street

Luray, VA 22835

Ph: 540-743-9227

Email: gshirley@raceyengineering.com

PROJECT ENGINEER

Troy Cave

Racey Engineering, PLLC

312 West Main Street

Luray, VA 22835

Ph: 540-743-9227

Email: tcave@raceyengineering.com

END INVITATION TO BIDDER

mailto:gshirley@raceyengineering.com mailto:tcave@raceyengineering.com

EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts

National Society of Professional Engineers for EJCDC. All rights reserved.

C200 - INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to

Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

B. Bidder – An individual or entity that submits a Bid to Owner.

C. Successful Bidder – The Bidder whose Bid the Owner Accepts, and to which the Owner makes an award of contract, subject to stated conditions.

D. Owner – Any instances in these documents where owner is mentioned, it shall be referencing the Town of Stanley who will be representing the residential property owners for this project

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number of formats stated in the advertisement of invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Owner will perform a preliminary evaluation of the bids for responsiveness and errors and determine the apparent low bidder. There is no requirement on a minimum number of bidders in order to award. Any determination that a bid is non-responsive must be documented and kept in the project file for a minimum of three years after the financial close-out of the project. The following lists some, but not all, reasons a bid may be deemed unresponsive:

A. Failure to sign the bid or the bid is signed by an unauthorized individual;

B. Failure to furnish or sign a required bid bond;

C. Failure to submit a price for each bid item;

D. Failure to commit to DBE goals or demonstrate a good faith effort to do so, if required in the

IFB;

E. Failure to be prequalified, if required in the IFB;

F. Any other requirements set forth in the Invitation to Bid, including special qualifications of potential contractors, life-cycle costing, value analysis, and any other criteria such as inspection, testing, quality, workmanship, delivery, suitability for a particular purpose, outstanding or unresolved claims, litigation, and failure to pay subcontractors, which are helpful in determining acceptability. (See Va. Code § 2.2-4302.1).

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXSITING SITE CONSITIONS; EXAMINATION

OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Subsurface and Physical Conditions

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the

Technical Data contained therein upon whose accuracy Bidder is entitled to use, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the

Contract Documents and are based upon information and data furnished to Owner and

Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and

Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the

Site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder may conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. Bidder shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the site, and the character and extent of existing work within or adjacent to the site. Claims, as a result of failure to do so, will not be considered by the Town.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site

Conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by

Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General

Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary

Conditions.

4.05 Others Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the

Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the

Site; the Bidding Documents; and the Site-related reports and drawings identified in the

Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

F. become aware of the general nature of the work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents;

G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

Engineer is acceptable to Bidder; and

H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A Pre-Bid conference will be held on September 2, 2026, 10 am. Meet at the end of Chapel

Village Road.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer in writing or emailed to Troy Cave at tcave@raceyengineering.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by

Addenda delivered to all parties recorded by Engineer as having received the Bidding

Documents. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 6.01 and

6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful

Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective

Date of the Agreement or 60 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.04 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The times [by which Milestones are to be achieved and] for Substantial Completion and readiness for final payment are to be set forth by Bidder in the Bid and will be entered into the

Agreement (or incorporated therein by reference to the specific language of the Bid). Substantial

Completion is desired on or before December 15, 2026. The times will be taken into consideration by Owner during the evaluation of Bids, and it will be necessary for the apparent

Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion and be ready for final payment within the times designated in the Bid.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after

Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Work.

A. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating

Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.03 Contractor shall not be required to employ a Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein.

B. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.02 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint ventures in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by

Owner for Bid comparison purposes.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in

Paragraph13.02 of the General Conditions

ARTICLE 15 – SUBMITTAL OF BID

15.01 Bidder shall reproduce or print from digital distribution, a copy of the Bid Form, and, if required, the Bid Bond Form. The copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of article 7 of the Bid

Form.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the

Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents.

15.03 Bids received after the date and time prescribed for the opening of bids or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the

Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base

Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder whose

Bid is in the best interests of the Project.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid

Form or prior to the Notice of Award.

B. In comparison of Bids, alternates will be applied in the same order of priority as listed in the

Bid Form. To determine the Bid prices for purposes of comparison, Owner may compare them with the project budget. For comparison purposes alternates will be accepted following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which the Owner determines funds will be available at the time of award.

C. In the comparison of Bids when multiple Division bids are submitted, Bids will be compared on the basis of the aggregate of the bids for separate divisions and the bids for combined divisions that result in the lowest total amount for all of the Work.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or

Suppliers.

19.06 Owner reserves the right to negotiate cost and contract terms with the apparent Successful Bidder to obtain a contract price within available funds.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract

Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

EJCDC C-410 Suggested Bid Form for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

BID FORM

Town on Stanley Most Effective Basin SWAP Sewer Project – Pond Ave

ITB: 2026-002

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Town of Stanley

278 East Main Street

Stanley, Va 22851

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

C. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained form visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedure of construction to be employed by

Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents.

D. Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

E. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

F. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by

Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the Total price(s):

Part A: All labor, services, and equipment necessary to provide the complete abandonment of the existing residential septic system located at 314 Pond Ave and installing new sewer grinder pump station, new sewer force main, house lateral connection, and tying into the existing sewer system.

Total Bid Price $________________________

Bid Additive #1: Unsuitable/Rock Trench Excavation (Not Included in the Base Bid):

All labor, services, and equipment necessary for excavation of unsuitable material or rock material as discovered during the trench excavation for sewer line and structures as shown on the drawings.

Rock Excavation can be defined as the excavation or hard, compacted, or cemented materials that often require blasting or the use of ripping and excavating equipment larger than that defined for common excavation. In addition, excavation and removal of isolated boulders or rock fragments larger than 1 cubic yard is also classified as rock excavation. This definition of trench rock does not include materials such as hardpan, loose rock, concrete, or other materials that can be removed by means other than drilling and blasting, but which for reasons of economy in excavating the

CONTRACTOR chooses to remove by drilling and blasting.

Estimated quantity of 30 cy @ $________________ per cy = _______________________

Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparing Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within November 30, 2026 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the

General Conditions, and will be completed and ready for final payment in accordance with

Paragraph 14.07 of the General Conditions within December 15, 2026 calendar days after the date when the Contract Times commence to run.

6.01 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of C-430;

B. Complete Bid Form

C. Proposed Construction Schedule

D. Evidence of authority to do business in the state of the Project.

E. Contractor’s License No.: ____________ [or] Evidence of Bidder’s ability to obtain a State

Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

ARTICLE 8 – BID SUBMITTAL

8.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

(Signature of general partner -- attach evidence of authority to sign)

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

(Signature -- attach evidence of authority to sign)

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in [State where Project is located] is

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

(Signature of first joint venture partner -- attach evidence of authority to sign)

Second Joint Venturer Name: (SEAL)

(Signature of second joint venture partner -- attach evidence of authority to sign)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

[END OF BID FORM]

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder�s Name and Corporate Seal Surety�s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder�s and Surety�s liability. Recovery of such penal sum under the terms of this Bond shall be Owner�s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder�s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety�s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term �Bid� as used herein includes a Bid, offer, or proposal as applicable.

EJCDC C-510 Notice of Award

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Notice of Award

Date: __________________

Project: Town of Stanley SWAP Sewer Project – Pond Ave

Owner: Town of Stanley Owner's Contract No.: 2026-002

Contract: Engineer's Project No.: 10630

Bidder:

Bidder's Address:

You are notified that your Bid dated for the above Contract has been considered. You are the

Successful Bidder and are awarded a Contract for

The Contract Price of your Contract is Dollars ($ ).

copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within [15] days of the date you receive this

Notice of Award.

1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the

Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary

Conditions (Paragraph SC-5.01).

3. Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Owner

Authorized Signature

Title Copy to Engineer

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Town of Stanley (“Owner”) and ___________________________________________(“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Sewer Pump(s) and Force Main Connection(s) to Town Sewer

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: abandonment of the existing residential septic system located at 314 Pond Ave and installing a new sewer grinder pump station, new sewer force main, house lateral connection, and tying into the existing sewer system.

ARTICLE 3—ENGINEER

3.01 The Owner has retained Racey Engineering, PLLC. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Engineer.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before November 30, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 15, 2026.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $250 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $250 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follows, subject to adjustment under the Contract:

A. Contract Price: ( ____ )

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments;

A.

gshirley Text Box See section C-620.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

ARTICLE 7—CONTRACT DOCUMENTS

7.01 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

2.